With millions of people on the streets of New York every day, pedestrians face a higher risk of personal injuries in the state.
2024 could be the deadliest year in a decade for New York City pedestrians.
Understanding your pedestrian rights after being hit by a car is crucial, because drivers often have a legal duty to yield and you may be entitled to significant compensation.
Eighty-seven pedestrians were killed between January 1 and September 23 in New York this year – an increase of twenty-eight percent from last year.
An NYPD report indicates that pedestrian injuries are up 4.4 percent this year, with twenty-three pedestrians injured every day on average.
Of all road users sharing the roads and public spaces in New York, pedestrians are the most vulnerable.
New York pedestrians who suffer injuries in a traffic-related accident due to someone else’s negligence have the right to seek fair compensation.
An experienced New York personal injury lawyer can help injured pedestrians and their families by filing a claim to hold the negligent driver accountable and recover compensation to get their lives back on track.
According to The Governors Highway Safety Association, drivers killed more than 7,500 pedestrians in 2022.
The most common causes of pedestrian accidents include:
- Driver distraction or inattention
- Driving under the Influence of drugs or alcohol
- Speeding
- Road rage or reckless driving
- Bad weather conditions
- Drivers running red lights
- Fatigue or drowsy driving
The New York State Department Of Transportation has various projects to increase safety by reducing instances of illegal speeding and aggressive driving.
Despite these efforts, pedestrian accidents continue to rise in New York.
Regardless of the reason for your accident, a seasoned pedestrian accident lawyer in New York can help you learn more about your legal rights and determine if you have a valid and viable case to pursue compensation.
The Significant Role Of A Pedestrian Accident Lawyer In Securing Fair Compensation
Experienced pedestrian accident lawyers can employ strategies to help accident victims overcome various challenges to secure fair and just compensation for their injuries and damages. These strategies include:
Determining Liability
Determining liability involves reviewing New York personal injury and traffic laws, examining eyewitness reports, and collecting and analyzing evidence from the accident scene. In cases where an accident occurs outside New York or involves out-of-state legal considerations, consulting a car accident lawyer Austin can help provide guidance based on the applicable jurisdiction
The cause of a pedestrian accident may not be just the driver’s negligence. The accident could occur due to a vehicle part malfunction, unsafe road conditions, a mechanic’s negligent service, or the partial fault of the pedestrian.
New York laws follow the pure comparative negligence rule to determine legal liability in personal injury cases. In New York, an injured pedestrian can recover compensation even if they are 99% at fault for an accident.
Determining Lost Wages And Loss of Future Earning Capacity
Pedestrian accident injuries can leave you unable to work indefinitely. The inability to earn a livelihood can make it almost impossible to pay bills and support your family. Pedestrian accident-related injuries often require extensive medical treatment, physical rehabilitation, therapy, and strict compliance with your doctor’s orders and medical treatment plan.
Your attorney will collect, organize, and present persuasive pieces of evidence to support your claim for lost wages. These pieces of evidence may include:
- Paychecks ascertaining the wages you were receiving in the months leading up to the accident
- Doctors’ notes detailing your medical treatment plan
- Communication from your employer verifying the time you missed from work
- Opinions of experts such as economists, life care planners, and vocational rehabilitation experts on your future earning capacity if you have suffered permanent, debilitating injuries
Determining The Extent Of Injuries and Damages
If your pedestrian accident results in less severe injuries, such as lacerations, whiplash, or concussions, the medical costs may add up to a few thousand dollars. However, for severe or catastrophic injuries such as Traumatic Brain Injuries (TBIs), Spinal cord damage, amputations, multiple fractures, or a combination of other types of injuries, treatment costs can run into hundreds of thousands or even millions of dollars.
Evaluating and demonstrating the extent and severity of injuries sustained and the need for immediate and future medical treatment is crucial in proving damages.
In many instances, reputed personal injury lawyers will advise severe injury victims to wait until they reach maximum medical improvement levels to settle their personal injury claims.
Pedestrian accidents can leave a trail of consequences that go beyond medical expenses and property damage. The physical and emotional consequences resulting from an accident can be formidable to cope with. Pain and suffering is the broader term that encompasses physical pain and emotional trauma that victims may have to endure after an accident.
Experienced personal injury lawyers know how to calculate damages such as mental anguish, emotional distress, and loss of enjoyment of life and companionship accurately to ensure victims secure fair compensation.
Contact A New York Pedestrian Accident Lawyer Today
A reputable and reliable New York personal injury lawyer can play a vital role in maximizing your settlement by helping you understand insurance coverages, navigating the complexities of legal proceedings, negotiating settlements on your behalf with insurance companies, and presenting a robust case in court, if necessary.
If you or a loved one have suffered injuries in a pedestrian accident due to someone else’s negligence in New York, contact a New York pedestrian accident lawyer immediately to schedule a free case assessment.
